Does Stretch Zone consider the Assessment Programs to contain confidential and proprietary information?
Stretch_Zone Franchise · 2025 FDDAnswer from 2025 FDD Document
The Operations Manual, the Materials, the Assessment Programs and other copyrighted materials we make available to you contain confidential and proprietary information and are our trade secrets. We possess and will continue to develop and acquire confidential and proprietary information, and trade secrets. The confidential information consists of the following categories of information, methods, techniques, procedures and knowledge we, our affiliates, or our Franchisees develop (collectively, the "Confidential Information") including: (a) our methods, techniques, tools, specifications, standards, policies, procedures, information, concepts, systems, and knowledge of the experience in our development, operation and franchising; (b) our marketing and promotional programs for Franchise Businesses; (c) knowledge of specifications for and knowledge of our suppliers of certain materials, equipment, furniture and fixtures for a Franchise Business; and (d) knowledge of our customer lists, operating results and financial performance.
We will disclose to you the Confidential Information required for the operation of the Franchise Business during our training programs, in the Operations Manual, and in the guidance and assistance that we furnish you, and you may learn of additional Confidential Information. You may disclose the Confidential Information to your employees or other persons only to the extent reasonably necessary and provided the person has signed our form of Confidentiality and Non-Competition Agreement contained in the Operations Manual before disclosure. You agree, during and after the Initial Term, that you, your Franchise Owners, employees and independent contractors will: (i) not use the Confidential Information in any other business or capacity, including any derivative or spin-off of the body stretching concept; (ii) maintain the absolute secrecy and confidentiality of the Confidential Information during and after the Initial Term; (iii) not make unauthorized copies of any portion of the Confidential Information disclosed or recorded in written or other tangible form or electronic form; and (iv) adopt and implement all procedures that we require to prevent unauthorized use or disclosure of, or access to, the Confidential Information. You agree that any suggestions you make that we incorporate into the Business System are our exclusive property.
Source: Item 14 — ITEM -14 PATENTS, COPYRIGHTS AND PROPRIETARY INFORMATION (FDD pages 60–62)
What This Means (2025 FDD)
According to the 2025 Stretch Zone Franchise Disclosure Document, Stretch Zone considers its Assessment Programs to contain confidential and proprietary information and trade secrets. This means that Stretch Zone believes these programs give them a competitive advantage and are not widely known outside of the company.
As a Stretch Zone franchisee, you will have access to this confidential information during training programs, in the Operations Manual, and through ongoing guidance from Stretch Zone. However, you are obligated to protect this information. You can only share it with employees or others who need to know it, and only if they have signed a Confidentiality and Non-Competition Agreement. This agreement is included in the Operations Manual.
The FDD emphasizes that franchisees, their owners, employees, and independent contractors must maintain the absolute secrecy and confidentiality of the Confidential Information both during and after the franchise term. They are prohibited from using it in any other business, making unauthorized copies, or failing to implement procedures to prevent unauthorized access or disclosure. Furthermore, any suggestions a franchisee makes that Stretch Zone incorporates into its Business System become the exclusive property of Stretch Zone. This underscores the importance of protecting Stretch Zone's proprietary information and trade secrets, as well as the limitations placed on a franchisee's ability to use or share this information outside of the franchised business.